DATE: 20051219

DOCKET: C41379

COURT OF APPEAL FOR ONTARIO

RE:

CHEICKH BANGOURA (Plaintiff (Respondent)) – and – THE WASHINGTON POST, WILLIAM BRANIGIN, JAMES RUPERT, STEVEN BUCKLEY, UNITED NATIONS and FRED ECKHARD (Defendants (Appellants))

BEFORE:

McMURTRY C.J.O., ARMSTRONG and LANG JJ.A.

COUNSEL:

Paul B. Schabas and Ryder L. Gilliland

for the appellants

Kikélola Roach, Jackie Esmonde and Selwyn A. Pieters

for the respondent

Brian MacLeod Rogers and Melissa Kluger

for the intervenor Media Coalition

HEARD:

In writing

C O S T S E N D O R S E M E N T

[1] In this matter, we allowed the appeal of the Washington Post and the other defendants (the appellants) from the order of Pitt J. in which he dismissed a motion to stay a libel action and for other related relief. In allowing the appeal, we granted an order staying the action. We also set aside the motion judge’s award of costs in favour of the plaintiff (respondent) in the amount of $7,500 on a partial indemnity scale.

[2] We awarded the appellants their costs of the appeal on a partial indemnity scale fixed in the amount of $7,500 including disbursements and GST. We also ordered that the appellants shall have their costs of the proceeding before the motion judge on a partial indemnity scale and invited submissions as to quantum if the parties could not reach agreement. The parties have been unable to agree on quantum.

[3] The appellants seek $13,428.50 for fees and $19,344.87 for disbursements for a total of $32,773.37.

[4] This case represented the first time that this court has had the opportunity to consider the application of the real and substantial connection test in respect of jurisdiction in a libel case. The case attracted the attention of the Media Coalition who intervened in the appeal. The members of the Media Coalition publish newspapers, magazines and books worldwide. They also broadcast radio and television programming in North America and elsewhere. They publish Internet websites that have been accessed by millions of viewers in more than 200 countries.

[5] The Media Coalition’s intervention clearly shows that this case involves a matter of public interest and was of significant importance to the publishing and broadcasting communities.

[6] In our view, this is a case which should attract only a modest award of costs. In the circumstances, the appellants shall have their costs before the motion judge fixed in the amount of $7,500 including disbursements and GST.

“Roy McMurtry C.J.O.”

“Robert P. Armstrong J.A.”

“S.E. Lang J.A.”